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2016 (5) TMI 1509 - SC - Indian LawsPossession of disputed property - right of class IInd heir in the property - HELD THAT:- In the instant case, as per concurrent findings of all the courts, Defendant No. 3 has failed to prove the factum of her adoption by deceased Yashoda in the year 1959. There was no corresponding document of adoption and other documentary evidence showing that Defendant No. 3 had ever been adopted by the deceased Yashoda. True it is that in some of the revenue entries the name of Defendant No. 3 has been shown as person in possession, but not in the capacity of adopted daughter. Yashoda was admittedly the owner of the property. The Plaintiff has based his case to recover possession on the strength of the sale deed executed by Buchamma in his favour. It is settled law that denial for want of knowledge is no denial at all. The execution of the sale deed was not specifically denied in the written statement. Once the execution of the sale deed was not disputed it was not necessary to examine Buchamma to prove it. The provisions contained in Order 8 Rule 5 require pleadings to be answered specifically in written statement. It is also settled law that passing of consideration under a sale deed cannot be questioned by third party. Defendant No. 3 has not been able to establish her case that she is an adopted daughter of the deceased Yashoda and thus, she being the third party, could not have questioned the execution of the sale deed by Buchamma on the ground of passing of consideration. The property on the death of Yashoda had been passed on to Buchamma being class IInd heir, as such she had the right to sell the property to Plaintiff. Even if Buchamma had not placed Plaintiff in possession of property on strength of his title conferred by way of sale deed in question he had right to recover possession. The first appellate Court was thus right in decreeing the suit. The High Court has erred in allowing appeal - appeal allowed.
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